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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm going through divorce. My husband has made it very clear

Customer Question

Hi, I'm going through divorce. My husband has made it very clear that he doesn't want to share anything with me after. The house where we live with our two children are on his name and he refuses to leave. Instead he makes me leave by being abusive and verbally violent. If I do have to flee from violence with my children do I still reserve the right to come back to it at any time? And do I still have a right for fair share of the assets after divorce?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The house is mortgaged. I did put my name in Land Registry last year to avoid him selling it as he was threatening to do so. He also has a morgage on one bedroom flat too that is empty.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-How old are the children and what are the proposed arrangements for them?
-What are the values of the properties, and what is the outstanding mortgages?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?,

Customer: replied 1 year ago.
Ok. So I'm 33 and my husband is 44. The children are 8 and 5 years old and both are attending primary school that is in 15 min walking distance. We have been together for 12 years and married for 3. The house value is around £650-£700k and is £270k owned to the bank on the morgage. One bedroom flat is a bleak horse. He resented tried to sell it but apparently the lease was too short and requests £70k to pay in fees in order to keep some sort of value of the property. He doesn't work at the moment. He has an addictive persinality( drugs and gambling), which is why I filed for divorce on the first place. I work part time and my income is only £16-18k per year as I look after children. We don't have any arrangements for children yet. But I fear that as soon as he sells the properties he will do the runner and we never see him again. He is not a trustworthy person. He does have a pension saving with Scottish widows of around £60k. I only just started to make contributions to my pension account and literally nothing there. He does not have any savings as he has problem with gambling. He also has huge debts from his previous business who used to run.
My main question is of course regarding the right for the house. And wether it's going to be affected by leaving it due to domestic violence.
And would his personal debt looked as a joint one and will have to pay it too.
Expert:  Harris replied 1 year ago.

Thanks for confirming. It is good that you have already registered your home rights on the title - this will prevent or delay any attempted sale of the home by him.

In relation to the assets and financial settlement, you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. This will likely include debts but only limited to those that are for matrimonial expenses/outgoings - so if his debt are for his gambling it is unlikely that the court will agree this should be shared.

You fleeing due to domestic violence will not impact the split of assets, but will practically make it more difficult for you to re-enter the home but nonetheless you still have a right to occupy the property.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.